9911796707
TMI Blog2008 (9) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... he hearts of the citizens of that area. Further, the authorities concluded that there was likelihood of the misuse of the weapon and that public peace and safety would be jeopardised if the petitioner was allowed to keep the weapon and accordingly issued the suspension order. 3. I have heard Sri A. Chaturvedi, the learned Counsel for the petitioner at length and Sri Amit Misra, the learned Counsel in the connected writ petition and the learned standing counsel for the respondents. 4. The learned Counsel for the petitioner raised two submissions, namely, that the licence of the petitioner could not be suspended pending inquiry into the revocation of the arms licence. Further, the suspension of the arms licence could not remain suspended for an indefinite period. In support of his submission, the learned Counsel has placed reliance upon various judgments which will be referred hereinafter. 5. The provisions relating to the suspension of the arms licence is governed by the provision of Section 17(3) of the Arms Act which states as under: 17(3) The licensing authority may be order in writing suspend a licence for such period as it thinks fit or revoke a licence- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are in respect of dangerous weapons, the legislature, in its wisdom, thought that an opportunity of being heard should be afforded to the licensee at a stage following suspension/revocation of the licence and not prior to it. Thus the legislature has, in its own way specified the stage at which the principles of natural justice are in such cases to become applicable and has thereby ruled out the application of such principles at any other stage. It is true that in order to revoke/suspend an arms licence, the licensing authority has necessarily to come to the conclusion that facts justifying revocation/suspension of licence mentioned in grounds (a) to (e) of Section 17 exist. However, the section nowhere lays it down that before coming to such a conclusion the licensing authority should either hear the licensee or hold a formal enquiry. The licensing authority may on certain information being laid before it, for its own satisfaction proceed to hold an enquiry with a view to find out if the conditions for revoking/suspending the arms licence exist and, as already explained, it would, in such enquiry, not be necessary for the licensing authority to associate the licensee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to accept this submission. As already explained, if there already is material before the licensing authority and it becomes apparent to it that possession of arms by the licensee is going to endanger public peace and safety, it can straight -away and without holding any enquiry proceed to revoke/suspend the arms licence after recording reasons therefore and if the licensee is aggrieved by such orders, he will have a right to ventilate his grievance before the appellate authority. However, if there is no such material before the licensing authority and it is not apparent to it that there is an immediate danger to public peace and safety and it, on some information being laid before it, proceeds to find out whether there is any likelihood of public peace and safety being affected at some future date, it cannot be said that there is any such urgency so as to justify the revocation/cancellation of the licence even before the licensing authority gets so satisfied. In the circumstances, considering the nature and the object of the enquiry which a licensing authority is required to make for finding out if the facts justifying passing of an order for revocation/suspension of licence exist, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spension order could be issued during an enquiry and that it could be done in the manner laid down in Changa Prasad Sahu's case (supra). 13. It is therefore clear that the suspension of the arms licence could be issued under Section 17 of the Act which is subject to certain conditions as laid down in case of Changa Prasad Sahu (supra), namely, that if there was a material before the licensing authority and that there was a subjective satisfaction to the effect that the possession of the weapon by the licensee would endanger public peace and safety, the authority could straightaway, withholding an enquiry, revoke or suspend the arms licence after recording its reasons. In Ramesh Singh v. State of U.P. and Ors. decided on 7.3.2007, in Writ Petition No. 8723 of 2007, the learned Single Judge after considering various case laws on this aspect held that the condition precedent for the suspension of the arms licence pending enquiry is that: 1. there is already material before the licensing authority to be satisfied that the possession of arm by the licensee is going to endanger the public peace and safety; 2. after recording reasons therefore the suspension can be or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
